Practice Areas: Higher Education Student Rights

Discrimination in Higher Education

Colleges, universities and other institutions of higher education that receive federal funding are prohibited from discriminating against students, or potential students, based on protected characteristics such as age, race, national origin, disability and sex. All students must be provided with equal access to education in an environment that is free from discrimination. College and university programs that must be operated in a non-discriminatory manner include admissions, financial aid, scholarship programs, academics, student services, housing, athletics, recruitment and discipline, among many others. Numerous federal laws, including Title IX of the Education Amendments of 1972 (Title IX), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 and the Age Discrimination Act of 1975, prohibit discriminatory actions by institutions of higher education. The education attorneys of Frankel & Kershenbaum provide legal counseling and representation to undergraduate and graduate students facing education discrimination by professors, staff and/or administrators in matters such as sexual harassment, failure to provide accommodations for learning or other disabilities and discrimination based on age, race, sex, national origin or sexual orientation. We zealously defend our clients’ rights throughout the state and federal courts of Pennsylvania and New Jersey, as well as in school administrative proceedings, alternative dispute resolution forums and settlement negotiations. Whether you require extra time to complete examinations, need accommodations for a physical challenge or are being treated unfairly because of your age, race, disability or sex, Dave Frankel and Josh Kershenbaum are prepared to provide experienced and compassionate representation to protect your rights. Contact us today to find out how we can help you.

Student Discipline in Higher Education

We expect institutions of higher education such as colleges and universities to be enlightened places of learning that treat all students fairly. Unfortunately, this is not always the case, particularly when it comes to disciplinary proceedings. Disciplinary action can have a long-term impact on a student’s ability to finish college or earn a post-graduate degree, and may harm the student’s chances of obtaining employment in the future. Disciplinary actions such as suspension and expulsion can also mean lost months, or even years, of effort as well as wasted tuition. An undergraduate or graduate student accused of an academic, honor code, code of conduct or other violation requires the assistance of an experienced education attorney to protect his or her investment and future. The dedicated education attorneys at Frankel & Kershenbaum provide legal counseling and representation in relation to all disciplinary proceedings, including disciplinary appeals. We protect the rights of college students, university students, medical students, law school students, business students and graduate school students throughout Pennsylvania and New Jersey. Whether you have been accused of violating your school’s code of conduct or are facing disciplinary action as a result of criminal charges, we encourage you to contact us today for experienced, effective representation.

Constitutional Rights of Students in Higher Education

The vast majority of college and university students are legal adults, that is, they are 18 years or older. As adults, college and university students are entitled to the almost all of the same Constitutional freedoms guaranteed to citizens outside of the educational setting. These include the First Amendment rights of freedom of religion, freedom of speech and freedom of assembly. Students of higher education are also entitled to due process of law - meaning they must receive notice of any disciplinary action and have the opportunity to be heard – as well as freedom from unreasonable searches and seizures and respect of their privacy interests. The attorneys of Frankel & Kershenbaum are prepared to passionately defend the rights of undergraduate and graduate students who are being treated unfairly by their educational institutions. We are dedicated to protecting the rights of our clients attending colleges and universities in Pennsylvania and New Jersey. If you feel you have been treated unfairly, contact us to learn how we can help.

Your Higher Education Attorneys

Attorneys Dave Frankel and Josh Kershenbaum provide skilled legal counseling and representation to protect the rights of college and university students throughout Pennsylvania and New Jersey. Contact us today to learn how we can help you.